Red-light cameras here to stay

Bill to ban cameras among series of traffic measures swatted down by lawmakers this session

By LLOYD DUNKELBERGERH-T Capital Bureau

Bills to ban red-light cameras, eliminate fines for right-hand turns at the monitored intersections and regulate yellow-light times were all on the table as state lawmakers met this spring.

But after a heavyweight red-light camera company deployed 22 lobbyists and revenue-hungry local governments weighed in, all of the measures failed.

While ticketed drivers will have more time to challenge their citations, they could also face much higher fines for doing so — up to $405.

The legislator behind the changes says he would like to see the cameras banned. But he defended the changes he pushed through in the session's final days as an improvement over the current rules. And he said he will push for more in the future.

"Personally I would like to do away entirely with the red-light camera program," Senate Transportation Chairman Jeff Brandes, R-St. Petersburg, said.

"I think it's just ripe for abuse. There are some real concerns about privacy and due process. We take a picture of your car but we don't know who is driving that car."

Cities and counties have expanded the use of red-light cameras after the state explicitly authorized their use in a 2010 state law. The measure is named after Mark Wandall, a Manatee County man whose wife fought for years to pass the law after her husband was killed when a motorist ran a traffic light.

The citations have brought in tens of millions of dollars to the state and local governments, which split the fines.

Safety advocates also say the cameras save lives, pointing to a December report from the Florida Highway Patrol that showed accidents were down in many of the communities that deploy the red-light cameras.

But the systems also have brought plenty of complaints from motorists. They have raised questions about arbitrary and unfair enforcement and lack of due process.

But efforts to change the system were largely stymied.

In addition to employing an army of lobbyists, American Traffic Solutions, the Arizona-based company that is the largest red-light camera system equipment vendor, contributed $100,000 to the Republican and Democratic parties in the three months leading up to the session.

Adding to the resistance for change were the more than 70 Florida cities and counties — including Sarasota and Bradenton — that use the cameras and reap substantial revenue from the devices, amounting to about $46 million in the last full budget year.

As the bills to change the use of red-light cameras faltered in the session's final days, Brandes amended a 226-page highway safety bill (HB 7125) with a series of changes for the red-light cameras.

One provision will increase the time motorists have to deal with the initial notice of violation from 30 to 60 days. After that, the violation becomes a more formal uniform traffic citation, carrying higher penalties, including a $264 fine as opposed to the initial $158 fine.

Another provision will require the cities and counties to create an administrative appeals process for motorists who contest the initial violations.

The measure will give a break to motorists driving rental cars. Under current law, most have to pay the higher UTC fines by the time the notice of violation reaches them. They will have more time under Brandes' provision.

And the bill precludes motorists from being cited for a right-turn violation if they stop — even if it is beyond the intersection stop line.

Brandes said the bill doesn't go as far as he would like, including lacking any provisions on the timing of yellow lights or banning all right-turn violations. But he said it is a start on reforming the cameras' use.

Still, some critics see problems with the measure.

"It's really a mixed bag," said John Bowman, a spokesman for the National Motorists Association, an advocacy group that has opposed the cameras.

Bowman said there are favorable provisions, including the 60-day response time and the new limits on right-hand turn violations. But he questioned the use of local-government hearing officers to review protests and the potential for up to $250 in administrative costs being tacked on to the $158 fine — for a total of $405.

"That seems punitive," Bowman said.

As for allowing cities and counties to handle the appeals, Bowman said it will provide fewer legal protections for motorists than a court review. "It really does cut corners on their ability to have full due process rights, to confront their witnesses," Bowman said. "It really does take away many of the standard legal tools."

Brandes defended the administrative costs by saying he wanted to have a cap on the costs rather than leaving it open-ended for the local governments to add fees. He said he anticipated the added costs to be in the range of $40 to $100 per case.

As for the potential for bias by the local government hearing officers, Brandes said: "I don't buy that argument." He said the appeals would be no different than administrative appeals now used by local governments for code enforcement or other regulations.

He said he provided the appeals procedure to bring more certainty to the process, allowing an informal setting for motorists to make their cases without having to use lawyers. He said motorists still have the option of a more formal legal fight by letting the violation become a uniform traffic citation that could be contested in traffic court.

The bill has yet to reach Gov. Rick Scott, who will have 15 days to act on the legislation. If approved, the changes will take effect July 1.

Brandes said he will continue his efforts to improve — if not abolish — the cameras allowed under the law named for Wandall.

Brandes said he is working with the state Department of Transportation on the issue of yellow-light timing and plans to ask Senate President Don Gaetz, R-Niceville, for a formal legislative study on the use of the cameras that could lead to further legislative action.

Eliminating the cameras will be a difficult task, he said. "I think it's a necessary task because every year you don't, it grows," he said. "And if you can't get rid of it, at least fix it so it's fair."